HF 2372

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; restructuring the regulation of 
  1.3             electricity generation; providing for transition to a 
  1.4             competitive industry; requiring restructuring plans; 
  1.5             requiring unbundling of services; providing for 
  1.6             recovery of stranded costs; requiring registration of 
  1.7             suppliers; providing civil remedies; appropriating 
  1.8             money; proposing coding for new law as Minnesota 
  1.9             Statutes, chapter 216E. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [216E.001] [SHORT TITLE.] 
  1.12     Chapter 216E may be referred to as the "Minnesota Retail 
  1.13  Electric Competition Act."  
  1.14     Sec. 2.  [216E.01] [DEFINITIONS.] 
  1.15     Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
  1.16  the terms defined in this section have the meanings given them. 
  1.17     Subd. 2.  [COMMISSION.] "Commission" means the public 
  1.18  utilities commission. 
  1.19     Subd. 3.  [COMPETITIVE PROVIDER.] "Competitive provider" 
  1.20  means a person providing power supply services, including a 
  1.21  generator of electricity, broker, and power marketer. 
  1.22     Subd. 4.  [MARKET AGGREGATOR.] "Market aggregator" means a 
  1.23  person that arranges for power supply services on behalf of 
  1.24  another customer through a power pool or directly through a 
  1.25  contract with a competitive provider. 
  1.26     Subd. 5.  [CUSTOMER.] "Customer" means a person responsible 
  1.27  by law for payment for the electric service. 
  2.1      Subd. 6.  [DEPARTMENT.] "Department" means the department 
  2.2   of public service.  
  2.3      Subd. 7.  [ELECTRIC UTILITY.] "Electric utility" means a 
  2.4   public utility, as defined in section 216B.02, subdivision 4, 
  2.5   and includes every municipality and every cooperative electric 
  2.6   association that furnishes retail electric service in Minnesota. 
  2.7      Subd. 8.  [LOCAL DISTRIBUTION UTILITY OR LDU.] "Local 
  2.8   distribution utility" or "LDU" means a public utility, as 
  2.9   defined in section 216B.02, subdivision 4, including every 
  2.10  municipal utility and cooperative electric association, that 
  2.11  distributes electricity to end-use customer locations. 
  2.12     Subd. 9.  [POWER SUPPLY SERVICE.] "Power supply service" 
  2.13  means the provision of electric power supply or a related 
  2.14  service to a customer, including a service concerning the usage, 
  2.15  measurement, purchase, or sale of electric capacity and energy. 
  2.16     Subd. 10.  [DEFAULT PROVIDER.] "Default provider" means the 
  2.17  provider of electric power supply services to a customer that 
  2.18  has not chosen a competitive provider. 
  2.19     Subd. 11.  [PERSON.] "Person" means an individual or a 
  2.20  private, public, governmental, or corporate entity, however 
  2.21  organized. 
  2.22     Subd. 12.  [PROVIDER OF LAST RESORT.] "Provider of last 
  2.23  resort" means a firm that provides power supply services to a 
  2.24  customer who chose a competitive provider and who subsequently 
  2.25  was terminated from service or denied service. 
  2.26     Subd. 13.  [STRANDED COSTS.] "Stranded costs" means the 
  2.27  value of prudently incurred, net, nonmitigable, verifiable 
  2.28  assets that have been included in a utility's rates but that may 
  2.29  not be recoverable in a competitive market.  
  2.30     Subd. 14.  [STRANDED BENEFITS.] "Stranded benefits" means 
  2.31  the value of a utility's assets whose market value exceeds their 
  2.32  book value in a competitive market. 
  2.33     Subd. 15.  [TRANSITION PERIOD.] "Transition period" means 
  2.34  the period from the effective date of this chapter until January 
  2.35  1, 2004. 
  2.36     Sec. 3.  [216E.02] [PURPOSE.] 
  3.1      The legislature finds that it is in the public interest to 
  3.2   permit all retail electric customers to choose their supplier of 
  3.3   electric generation services in a competitive market and to 
  3.4   continue to regulate electric transmission and distribution in 
  3.5   order to provide safe and reliable electricity at the lowest 
  3.6   possible prices for all retail electric customers while 
  3.7   maintaining safety and reliability.  
  3.8      Sec. 4.  [216E.03] [RETAIL ELECTRIC COMPETITION PLAN 
  3.9   STANDARDS.] 
  3.10     Subdivision 1.  [PLAN FOR COMPETITIVE MARKET.] No later 
  3.11  than January 1, 2002, electric generation must be deregulated 
  3.12  and subject to the competitive market in accordance with the 
  3.13  retail electric competition plan adopted by the commission, as 
  3.14  set forth in this chapter. 
  3.15     Subd. 2.  [PLAN ADOPTION; RULES.] The commission shall 
  3.16  adopt and publish in the State Register a preliminary phase-in 
  3.17  plan as proposed rules no later than December 1, 1999, and adopt 
  3.18  a final phase-in plan under chapter 14 no later than July 1, 
  3.19  2000, for restructuring the Minnesota electric industry, 
  3.20  consistent with the policies and procedures established under 
  3.21  this chapter, in order to begin customer choice no later than 
  3.22  January 1, 2002, with full implementation by January 1, 2004.  
  3.23  The plan must set forth appropriate steps to achieve an orderly 
  3.24  transition to a competitive market. 
  3.25     Subd. 3.  [PLAN CONTENTS.] The plan must incorporate the 
  3.26  substance of this chapter and may include other provisions as 
  3.27  the commission deems appropriate and necessary to expedite the 
  3.28  transition to full customer choice.  The plan, which must be 
  3.29  consistent with this chapter, must include:  
  3.30     (1) allowance for public comment; 
  3.31     (2) customer protection measures, including assurance of 
  3.32  service reliability and universal access; 
  3.33     (3) unbundling of rates; 
  3.34     (4) mitigation of market power, including unfair and 
  3.35  uncompetitive practices; 
  3.36     (5) utility affiliate relations; 
  4.1      (6) consumer education and information; and 
  4.2      (7) provisions so that before January 1, 2004, customers 
  4.3   who are not yet subject to the competitive market, as described 
  4.4   in subdivision 4, and who do not have the opportunity to choose 
  4.5   a competitive provider shall not be required to pay rate 
  4.6   increases due to stranded cost recovery. 
  4.7      Subd. 4.  [SCHEDULE.] Except as provided in section 216E.15:
  4.8      (a) As of January 1, 2002, a minimum of 33 percent of the 
  4.9   peak load of each electric utility's customer class must be 
  4.10  deregulated and subject to the competitive market in accordance 
  4.11  with the retail electric competition plan developed by the 
  4.12  commission. 
  4.13     (b) As of January 1, 2003, a minimum of 66 percent of the 
  4.14  peak load of each electric utility's customer class must be 
  4.15  deregulated and subject to the competitive market according to 
  4.16  the retail electric competition plan developed by the commission.
  4.17     (c) As of January 1, 2004, all customers must have the 
  4.18  opportunity to purchase electricity competitively and according 
  4.19  to the retail competition plan developed by the commission.  
  4.20     (d) The commission shall adopt rules specifying that, 
  4.21  within each customer class, the customers that are eligible for 
  4.22  direct access prior to full direct access must be determined on 
  4.23  a first-come first-served basis unless otherwise determined by 
  4.24  the commission, in the context of restructuring plans, or in 
  4.25  other appropriate administrative proceedings, to prevent 
  4.26  competitive disadvantages among similarly situated customers 
  4.27  within a customer class and within the state. 
  4.28     Sec. 5.  [216E.04] [RETAIL CUSTOMER CHOICE.] 
  4.29     Subdivision 1.  [GENERAL REQUIREMENT.] All customers are 
  4.30  permitted to choose their competitive provider.  
  4.31     Subd. 2.  [BILATERAL CONTRACT.] A retail customer may 
  4.32  negotiate a bilateral contract with a competitive provider. 
  4.33     Subd. 3.  [CONTINUITY OF POWER SUPPLY.] In order to ensure 
  4.34  continuous access to electric services, the commission shall 
  4.35  establish a default provider and a provider of last resort for 
  4.36  every existing service area within the state.  These providers 
  5.1   shall serve all classes of customers.  
  5.2      Sec. 6.  [216E.05] [RECOVERY OF STRANDED COSTS.] 
  5.3      Subdivision 1.  [GENERAL POLICY.] (a) An investor-owned 
  5.4   utility, cooperative electric association, municipal power 
  5.5   association, and municipal utility may seek to recover from 
  5.6   their customers up to 100 percent of the value of prudently 
  5.7   incurred, net, nonmitigable, verifiable stranded costs and 
  5.8   investments directly related to the generation of electricity.  
  5.9   The commission shall determine the amount and period, not to 
  5.10  exceed the transition period, of recovery. 
  5.11     (b) Nothing in this section is intended to provide any 
  5.12  greater opportunity for stranded cost recovery than is available 
  5.13  under applicable rule, regulation, or statute on the effective 
  5.14  date of this section. 
  5.15     (c) Stranded costs must be determined on a net basis, must 
  5.16  be verifiable, must not include transmission and distribution 
  5.17  assets, and must be reconciled to actual electricity market 
  5.18  conditions annually.  Stranded costs include an offset for the 
  5.19  market value of assets, domestic or foreign, obtained or 
  5.20  controlled by an electric utility by purchase, acquisition, 
  5.21  merger, or other means within three years before the effective 
  5.22  date of this section. 
  5.23     (d) A stranded cost charge is not recoverable for a change 
  5.24  in usage occurring in the normal course of business, including a 
  5.25  charge resulting from a change in a business cycle, termination 
  5.26  of an operation, the weather, reduced production, a change in a 
  5.27  manufacturing process, the installation or expansion of new 
  5.28  self-generation or cogeneration equipment, the performance of 
  5.29  existing self-generation or cogeneration equipment, an energy 
  5.30  conservation effort, or other similar factor. 
  5.31     Subd. 2.  [RESPONSIBILITIES OF COMMISSION, UTILITY.] (a) An 
  5.32  electric utility has the duty to prudently, thoroughly, and 
  5.33  aggressively mitigate stranded costs.  
  5.34     (b) Each electric utility, cooperative electric 
  5.35  association, and municipal utility shall file a stranded cost 
  5.36  recovery plan by January 1, 2000.  The recovery plan must 
  6.1   document anticipated stranded costs, provide a mitigation 
  6.2   proposal, and describe offsetting increases in the market value 
  6.3   of other assets.  No electric utility, cooperative electric 
  6.4   association, or municipal utility may charge Minnesota customers 
  6.5   to recover stranded costs except as approved by the commission.  
  6.6   The commission shall approve and publish a recovery plan no 
  6.7   later than October 1, 2000, for each electric utility, 
  6.8   cooperative electric association, or municipal utility 
  6.9   submitting a plan.  The commission may approve plans that:  
  6.10     (1) permit collection of a stranded cost recovery charge 
  6.11  from all customers subject to the competitive market under 
  6.12  section 216E.03, subdivision 4, for net, nonmitigated stranded 
  6.13  costs over a period not to exceed the transition period; and 
  6.14     (2) establish net, nonmitigable stranded costs and a 
  6.15  limited recovery period designed to recover those costs 
  6.16  expeditiously.  
  6.17     (c) The commission shall not allow the use of any recovery 
  6.18  mechanism that impedes competition, such as an entry or exit fee.
  6.19     (d) A stranded cost not recovered under this chapter and 
  6.20  the recovery plan, as modified and approved by the commission, 
  6.21  within the approved transition period is not recoverable by the 
  6.22  electric utility.  
  6.23     (e) Every electric utility, cooperative electric 
  6.24  association, and municipal utility has a duty to cooperate with 
  6.25  the commission in implementing this chapter, as a precondition 
  6.26  for recovery of stranded costs.  Approval of a recovery plan and 
  6.27  collection of any stranded cost is deemed a settlement of those 
  6.28  claims.  
  6.29     Subd. 3.  [STRANDED COST RECOVERY CRITERIA, 
  6.30  METHODOLOGY.] (a) An electric utility, cooperative electric 
  6.31  association, or municipal utility is allowed to seek to recover 
  6.32  up to 100 percent of the net, nonmitigable stranded costs 
  6.33  associated with required environmental mandates currently 
  6.34  approved for cost recovery and power acquisitions mandated by 
  6.35  state or federal law. 
  6.36     (b) Electric utilities, cooperative electric associations, 
  7.1   and municipal utilities have had and continue to have an 
  7.2   obligation to take all reasonable measures to prudently, 
  7.3   thoroughly, and aggressively mitigate stranded costs.  
  7.4   Mitigation measures may include but are not limited to:  
  7.5      (1) reduction of expenses; 
  7.6      (2) renegotiation of existing contracts; 
  7.7      (3) refinancing of existing debt; 
  7.8      (4) sale, write-off, or write-down of uneconomic or surplus 
  7.9   assets, including regulatory assets not directly related to the 
  7.10  provision of electric service; and 
  7.11     (5) sale of all generation assets and power purchase 
  7.12  contracts through a competitive bidding process that could 
  7.13  include a bid from an affiliate of the electric utility.  
  7.14     (c) A stranded benefit, which is the value of a utility 
  7.15  asset whose market value exceeds the book value, must be used to 
  7.16  reduce stranded costs.  
  7.17     (d) A recovery mechanism that impedes competition, such as 
  7.18  an entry or exit fee, must not be used.  A retail customer is 
  7.19  not responsible for wholesale stranded costs.  The charges do 
  7.20  not apply to a wheeling-through transaction nor do they apply to 
  7.21  a competitive alternative that existed before the effective date 
  7.22  of this section, including but not limited to self-generation 
  7.23  and sales of nonfirm electricity.  
  7.24     (e) The commission is authorized to allow an electric 
  7.25  utility, cooperative electric association, or municipal utility 
  7.26  to collect a stranded cost recovery charge, subject to the 
  7.27  commissioner's determination in the context of a formal 
  7.28  proceeding that the charge is: 
  7.29     (1) equitable, appropriate, and balanced; 
  7.30     (2) in the public interest; and 
  7.31     (3) consistent with the intent of this chapter.  
  7.32  The burden of proof for a stranded recovery claim must be borne 
  7.33  by the electric utility making the claim. 
  7.34     Sec. 7.  [216E.06] [IMPACT ON ENERGY OR CONSERVATION 
  7.35  PROGRAM.] 
  7.36     Subdivision 1.  [LOW-INCOME ENERGY ASSISTANCE.] Nothing in 
  8.1   this act affects or applies to a current federal or state 
  8.2   low-income energy assistance program.  
  8.3      Subd. 2.  [CONSERVATION PROGRAM.] Nothing in this act 
  8.4   affects or applies to a current federal or state conservation or 
  8.5   other demand-management program. 
  8.6      Subd. 3.  [EVALUATION BY LEGISLATIVE AUDITOR.] The status 
  8.7   and effectiveness of low-income and conservation programs must 
  8.8   be reviewed by the office of the legislative auditor on an 
  8.9   annual basis.  
  8.10     Sec. 8.  [216E.07] [CONNECTION OBLIGATION.] 
  8.11     Subdivision 1.  [NONDISCRIMINATION.] A local distribution 
  8.12  utility is relieved of its traditional obligation to provide 
  8.13  power supply services, but has an obligation to provide all 
  8.14  regulated services and connect all customers within its service 
  8.15  territory on nondiscriminatory and comparable service terms and 
  8.16  conditions. 
  8.17     Subd. 2.  [CUSTOMER SELECTION.] Every customer has the 
  8.18  right to select its competitive provider and to have 
  8.19  nondiscriminatory and comparable access to interconnection with 
  8.20  the customer's host LDU, which is required to transport the 
  8.21  customer's power supply to the host's facilities and to the 
  8.22  customer's location.  
  8.23     Sec. 9.  [216E.08] [RELIABILITY AND SAFETY.] 
  8.24     Subdivision 1.  [RULES.] The commission shall maintain and 
  8.25  update rules to ensure that reliable and safe electric 
  8.26  distribution services, with customer service safeguards, are 
  8.27  continued for all customers.  
  8.28     Subd. 2.  [PRESERVATION MEASURES.] LDU's must have in place 
  8.29  sufficient measures to preserve the integrity, safety, 
  8.30  reliability, and quality of electric distribution services in 
  8.31  Minnesota.  
  8.32     Sec. 10.  [216E.09] [TRANSMISSION SYSTEM.] 
  8.33     (a) A transmission operator shall provide for 
  8.34  nondiscriminatory access to and use of the transmission system 
  8.35  for buyers and sellers of electricity, as prescribed by the 
  8.36  Federal Energy Regulatory Commission (FERC). 
  9.1      (b) By July 1, 2001, each utility, cooperative electric 
  9.2   association, and municipal utility that seeks to provide retail 
  9.3   electric service in the state under this chapter shall comply 
  9.4   with FERC requirements regarding operation of its transmission 
  9.5   assets, and shall certify its compliance to the commission. 
  9.6      (c) The transmission network must be operated in compliance 
  9.7   with the reliability standards set by the Mid Continent Area 
  9.8   Power Pool, regional transmission organization or regional 
  9.9   transmission group, or the North American Electricity 
  9.10  Reliability Council or its successors. 
  9.11     (d) If FERC has not issued rules regarding regional 
  9.12  transmission organizations by January 1, 2000, each electric 
  9.13  utility, cooperative electric association, and municipal utility 
  9.14  must establish to the commission that its transmission assets 
  9.15  are operating independently of its generating assets.  The 
  9.16  commission shall consider ownership or membership in an 
  9.17  independent transmission entity as proof of independence.  
  9.18     (e) Nothing in paragraphs (a) to (d) affects the rights or 
  9.19  obligations of the transmission operator to comply with the 
  9.20  Federal Power Act and the regulations adopted under that act.  
  9.21     Sec. 11.  [216E.10] [COMPETITIVE PROVIDER REGISTRATION.] 
  9.22     Subdivision 1.  [REGISTRATION REQUIRED.] A competitive 
  9.23  provider must register with the commission as a condition to 
  9.24  providing services as a competitive provider under standards 
  9.25  established by the commission. 
  9.26     Subd. 2.  [RESOURCES REQUIRED.] Each competitive provider 
  9.27  must have sufficient resources and measures, such as bonding, 
  9.28  insurance, or other evidence of creditworthiness, to preserve 
  9.29  the integrity, safety, reliability, and quality of electric 
  9.30  service in the state. 
  9.31     Subd. 3.  [INFORMATION REQUIRED; RENEWAL.] (a) The 
  9.32  commission shall base approval of registration on the 
  9.33  applicant's submission of evidence addressing the following 
  9.34  factors:  
  9.35     (1) the applicant's technical ability to obtain and deliver 
  9.36  power supply services; 
 10.1      (2) documentation of financial capability of the applicant 
 10.2   to provide and reliably sustain the proposed power supply 
 10.3   services; and 
 10.4      (3) a description of the form of ownership, including 
 10.5   affiliates.  
 10.6      (b) Registration, once granted, must be renewed annually 
 10.7   unless revoked for good cause shown. 
 10.8      Subd. 4.  [REJECTION AND RESPONSE.] The commission may 
 10.9   reject for filing, within 30 days after receipt, a proposed 
 10.10  registration application that does not contain sufficient 
 10.11  information for the commission to evaluate the proposed 
 10.12  registration.  The commission shall fully describe any 
 10.13  deficiencies in a proposed registration that is rejected for 
 10.14  filing.  
 10.15     Subd. 5.  [RESPONSE DEADLINE.] The commission shall make 
 10.16  its determination to approve or disapprove a submittal for 
 10.17  registration within 60 days of its filing with the commission.  
 10.18     Subd. 6.  [COMPETITION.] The commission's registration 
 10.19  standards shall not limit market entry nor regulate competitive 
 10.20  providers' prices.  
 10.21     Sec. 12.  [216E.11] [UNBUNDLING OF UTILITY FUNCTIONS.] 
 10.22     Subdivision 1.  [UTILITY FUNCTIONAL COST UNBUNDLING.] The 
 10.23  commission plan for restructuring existing electric utilities, 
 10.24  including generating and transmitting cooperative electric 
 10.25  associations, must require them to operationally and financially 
 10.26  separate their distribution, transmission, and generation 
 10.27  business functions.  The commission shall require the itemized 
 10.28  cost on customer bills of the cost of programs and charges 
 10.29  mandated by the government, including but not limited to 
 10.30  environmental, social, and alternative energy programs.  The 
 10.31  commission may also require the unbundling of metering, billing, 
 10.32  and customer service. 
 10.33     Subd. 2.  [OWNER OR AFFILIATE FACILITY, SERVICE; MARKET 
 10.34  PRICING.] (a) Both local distribution utilities and other 
 10.35  entities that are not LDUs or electric utilities may own 
 10.36  transmission facilities.  
 11.1      (b) An affiliate of a LDU may own electric generation 
 11.2   assets.  The affiliates may sell generation directly to a 
 11.3   customer, provided that generation assets and power supply 
 11.4   services are operationally separate from a transmission or 
 11.5   distribution affiliate, if any. 
 11.6      (c) An affiliate of a LDU may offer competitive power 
 11.7   supply services.  Prices for unbundled generation services must 
 11.8   be determined by competitive market forces and not by the 
 11.9   commission. 
 11.10     Subd. 3.  [UNBUNDLED LOCAL DISTRIBUTION UTILITY RATES.] On 
 11.11  or before July 1, 2001, each local distribution utility shall 
 11.12  file with the commission for distribution rates that are 
 11.13  unbundled from the transmission and generation functions under 
 11.14  section 216B.16.  
 11.15     Sec. 13.  [216E.12] [ACCESS TO TRANSMISSION OR DISTRIBUTION 
 11.16  FACILITY.] 
 11.17     Subdivision 1.  [ACCESS REQUIRED.] Each owner, operator, or 
 11.18  provider of a transmission or distribution facility or ancillary 
 11.19  service, including a federal, state, or local public power 
 11.20  agency, shall provide comparable and reciprocal access to the 
 11.21  facility, ancillary service, and any other service available, to 
 11.22  a buyer or seller on a nondiscriminatory and comparable basis.  
 11.23  The commission shall ensure nondiscriminatory open access to the 
 11.24  electric system for retail transactions. 
 11.25     Subd. 2.  [TRANSMISSION OR DISTRIBUTION SERVICE 
 11.26  TARIFFS.] Each electric utility or LDU providing transmission or 
 11.27  distribution services shall file at the Federal Energy 
 11.28  Regulatory Commission or with the commission, as appropriate, 
 11.29  comparable and reciprocal service tariffs that provide open 
 11.30  access for competitors.  
 11.31     Subd. 3.  [COMMISSION MONITORS.] The commission shall 
 11.32  monitor jurisdictional companies providing transmission or 
 11.33  distribution services and take necessary measures to ensure that 
 11.34  no supplier has an unfair advantage in offering access to and 
 11.35  pricing those services.  
 11.36     Sec. 14.  [216E.13] [AFFILIATE RELATIONS; RULES.] 
 12.1      The commission shall continue to enforce its authority over 
 12.2   affiliate relations and may adopt additional rules to ensure 
 12.3   that a utility does not directly or indirectly include in 
 12.4   regulated rates any costs or expenses of an affiliate engaged in 
 12.5   providing power supply services or any other unregulated 
 12.6   business.  Municipal utilities and cooperative electric 
 12.7   associations are subject to the commission's rules with respect 
 12.8   to affiliate relations.  
 12.9      Sec. 15.  [216E.14] [MARKET AGGREGATOR.] 
 12.10     A retail customer may arrange for power supply services 
 12.11  through a market aggregator. 
 12.12     Sec. 16.  [216E.15] [CONTRACT RIGHTS.] 
 12.13     (a) Nothing in this chapter interferes with or supersedes 
 12.14  the rights of parties under a contract entered into before the 
 12.15  effective date of this section. 
 12.16     (b) Nothing in this chapter shall affect the right of an 
 12.17  electric utility to provide or continue to provide, or the right 
 12.18  of a customer to receive or continue to receive, service 
 12.19  pursuant to a contract for electric service between the electric 
 12.20  service provider and the customer.  This contracted electric 
 12.21  service may be provided under any terms, prices, and conditions 
 12.22  agreed to by the customer and electric service provider.  
 12.23     Sec. 17.  [216E.16] [APPLICABILITY TO OTHER LAWS.] 
 12.24     To the extent that any other statute would diminish a right 
 12.25  created or duty imposed by this chapter, the other statute is 
 12.26  superseded by this chapter, unless (1) another provision of this 
 12.27  chapter expressly provides otherwise, or (2) a provision of 
 12.28  another law expressly provides otherwise and specifically 
 12.29  identifies the contrary provision of this chapter.  
 12.30     Sec. 18.  [216E.17] [REMEDIES.] 
 12.31     Subdivision 1.  [LIABILITY.] A transmission or distribution 
 12.32  utility is not liable for damages to a current or future 
 12.33  customer if the customer's competitive provider fails to deliver 
 12.34  the service in accordance with the terms of its bilateral 
 12.35  contract with the customer.  This subdivision must not be 
 12.36  applied to relieve liability arising from the transmission or 
 13.1   distribution utility's own action or failure to act. 
 13.2      Subd. 2.  [ORDER TO CEASE VIOLATION.] A retail customer, 
 13.3   market aggregator, or other entity provided distribution or 
 13.4   intrastate transmission service by an electric utility or LDU in 
 13.5   the state has the right to obtain an order from the commission 
 13.6   compelling the electric utility or LDU to cease any violation of 
 13.7   this chapter and to pay all of the complaining party's costs, 
 13.8   including reasonable attorney fees.  
 13.9      Sec. 19.  [APPROPRIATION.] 
 13.10     $275,000 is appropriated from the general fund to the 
 13.11  public utilities commission to implement this act and is 
 13.12  available through June 30, 2001.  
 13.13     Sec. 20.  [INSTRUCTION TO REVISOR; TECHNICAL PROVISIONS.] 
 13.14     (a) In consultation with the department of public service 
 13.15  and the public utilities commission and at their direction, the 
 13.16  revisor of statutes shall submit a bill to the legislature by 
 13.17  January 15, 2000, identifying any laws affected by this chapter 
 13.18  and amending or repealing any laws necessary to make them 
 13.19  consistent with the purposes of this chapter.  
 13.20     (b) Where the term "act" or "chapter" is used in sections 1 
 13.21  to 20, it refers to sections 1 to 18.  
 13.22     Sec. 21.  [EFFECTIVE DATE.] 
 13.23     Sections 4; 6, subdivision 2; 9, subdivision 1; 16; 19; and 
 13.24  20, are effective the day following final enactment.  The 
 13.25  remaining provisions of this act are effective July 1, 2000.